The probate process is public, so if your estate plan includes only a will, the details of the document are generally available to anyone in the community who chooses to examine it.

Bonnie Kraham

The probate process is public, so if your estate plan includes only a will, the details of the document are generally available to anyone in the community who chooses to examine it.

That rule is usually best exemplified by looking at the exceptions. While a will is generally a public document, a family can try to have the will sealed. Most of the time, they are not successful. In fact, the rare cases where it is allowed often relate to the death of celebrities or high-profile individuals. For example, Joe Paterno's will was sealed earlier this year.

Similarly, the family of Monkees band member Davy Jones successfully petitioned to have his will sealed. Jones died in February after a heart attack at age 66.

In this case, Jones' eldest daughter, the representative of the estate, argued in court documents that the will should be sealed because "public opinion (after reading the will) could have material effect on his copyrights, royalties and ongoing goodwill."

The request is a good example of why most community members cannot have a will sealed. It is not sufficient to request that planning documents be hidden from public view simply because one is a "private person." There usually must be a real, demonstrable, material reason to do so.

Of course, the sealing of Jones' will simply raises public curiosity about what might be included in the documents that would influence public opinion. Some believe that it has to do with Jones' marriage. His widow is significantly younger than the star, and younger than two of his daughters. Much friction allegedly existed between the widow and the adult children.

Interestingly, the will did not even include the widow, because it was written years before they met and was not updated after the wedding. However, that does not mean that Jones' wife will not receive anything. She took advantage of rules for spouses allowing them to take a share of the estate regardless of the details in planning documents. In other words, you are not allowed to disinherit a spouse without his or her permission.

Alternatively, it is possible the family wanted to seal the will to hide the fact that the estate was not strong. No one knows for sure how much money Jones had in the end. Various claims have already been made on the estate for unpaid bills.

The ongoing lesson from this case is that trusts are advisable if you wish to avoid the publicity issue entirely, ensuring that affairs will be handled swiftly and privately without any speculation, potential fights or possible embarrassment. One more caveat: Unscrupulous people have been known to take advantage of public records such as wills, which show much you had and to whom you left it. They have then used this information to take advantage of heirs.

Bonnie Kraham is an attorney practicing elder law estate planning with Ettinger Law Firm, 75 Crystal Run Road, Town of Wallkill. She can be reached at 692-8700, ext. 119 or at bkraham@trustlaw.com. This column is intended to provide general information, not legal advice.